Chapter 61 in Mass

ex-Engineer Wannabe · March 06, 2007, 06:03:13 PM

Ever since the storms of '05 forced us into a move to the northeast -- it's a looong story ;) -- we've been hard at work trying to find a parcel of raw land suitable for our construction plans. I was raised in an area of the rural south where folks pitched in together to build their own structures, so I caught the bug very early on. Consequently, the idea of someday building my own home has been with me for as long as I can remember.

Given that our circumstances have now left us without a home of our own, this "idea" has become much more than a mere dream that's put off for some day. As we've found it very difficult to find a suitable piece of land for our project, we've now expanded our search to include forest land and, specifically, parcels being sold under Mass Chptr 61.

Our plan all along has been to harvest timber resources from our own property, so I'm wondering how this might conflict with the state's law governing forest management. At present, we're seriously considering a large parcel that is entirely in a Chapter 61 plan. As we want to build a home, the ideal would be to amend the current plan so that we can take a small segment of the overall lot out of management [for a building site], pay the rollback taxes for that segment [to the town] and then put the remainder back into Chapter 61. As the timber frame we want to raise will require the selection [and subsequent felling] of a certain amount of fairly straight timber, we also anticipate a need for logs from more than just the building site.

Obviously, it would be much easier for us to use our own trees for this purpose; nevertheless, I don't know much at all about forest management laws and, more importantly, how they might impact our building plans. From what I've read, it would seem that Chapter 61 is a conservation measure designed to set aside open land for the purpose of growing timber. If this is true, it would seem that our use of the trees would fit nicely into the scope of the law.

Being from the deep woods myself, I was also raised to be very sensitive to the long term health of the forest. Someone very wise once said, "It's not so much what you take; it's what you leave behind that counts." As I believe this sage wisdom applies double when it comes to caring for woodland, I believe I will make a pretty good forest landowner. I simply need to know what one can and can't do with it throughout the years. Thanks very much for your time, and we would greatly value any constructive thoughts anyone might offer us.

Craig · March 06, 2007, 07:09:51 PM

Where in Mass are you looking? I live in Foxboro but I work all over the place. I am currently working up in Orange, MA (north of the quabbin reservoir) it is beautiful there. Another option may be to buy raw land and build your house then have the land put in Chapter 61. I work for a lot of people who's property is in 61 but they live there.

Craig

ex-Engineer Wannabe · March 06, 2007, 07:33:05 PM

Thanks for writing, Craig. We're looking in the foothills of the Berkshires, but not too far north of 90 [my wife still commutes].

Your idea about putting land into Chptr 61 -- after we build -- is a good one. However, we are currently looking at a parcel that is already in a management plan. As we've been informed that the rollback on the entire plot would be quite expensive, we're trying accomplish our plans without breaking the bank.

Regardless, we would still like to read what can and can't been done with land that is already being managed. Do you happen to know anything about this?

Thanks again

Greenedive · March 06, 2007, 07:59:40 PM

Quote

Quote from: ex-Engineer Wannabe on March 06, 2007, 06:03:13 PM

As the timber frame we want to raise will require the selection [and subsequent felling] of a certain amount of fairly straight timber, we also anticipate a need for logs from more than just the building site.
Obviously, it would be much easier for us to use our own trees for this purpose; nevertheless, I don't know much at all about forest management laws and, more importantly, how they might impact our building plans. From what I've read, it would seem that Chapter 61 is a conservation measure designed to set aside open land for the purpose of growing timber. If this is true, it would seem that our use of the trees would fit nicely into the scope of the law.

Your Chapter 61 in Mass sounds like our Clean and Green program in Penn. Hopefully they will work with you as well in Mass as they do here in PA.

BUT....if you are wanting to use lumber that you have sawn for building purposes (especially in a residential building) you had better check your state and township building codes. I had several thousand feet of Hemlock sawed up for building a house about 4 years ago and purchased my land about 2 years ago and when I went to get my building permit...I ran right into a stone wall. The building inspector said that any lumber used in the construction of a residence in PA (more specifically the township I want to build in) has to be graded AND stamped No.2 or better. My lumber had been cut by a local mill and of course was not graded or stamped. After several long and earnest sessions, the inspector agreed I could use my lumber....IF and only IF....I could find a mill or agency to grade the lumber while he watched and IF he then approved of the mill or agency and their grading techniques. I have lined up a lumber grader to come out this spring and HOPEFULLY we can meet the inspector's requirements.
Your codes may be much more lenient in Mass than they are here (I hope so), but it is something that would be a good idea for you to check before going too far with your building plans. This 'code' (written to protect us from ourselves, I guess) is potentially going to cost me many thousands of $$$, hopefully you will not run into the same problem up there.
Good Luck and Happy Building!!!

Craig · March 07, 2007, 05:22:34 AM

Quote from: ex-Engineer Wannabe on March 06, 2007, 07:33:05 PM
Thanks for writing, Craig. We're looking in the foothills of the Berkshires, but not too far north of 90 [my wife still commutes].

Your idea about putting land into Chptr 61 -- after we build -- is a good one. However, we are currently looking at a parcel that is already in a management plan. As we've been informed that the rollback on the entire plot would be quite expensive, we're trying accomplish our plans without breaking the bank.

Regardless, we would still like to read what can and can't been done with land that is already being managed. Do you happen to know anything about this?

Thanks again

I don't know the inner workings of chapter 61 but the forester who wrote the management plan certainly should. Do you know who the forester is? I know a couple of good foresters if the current forester on that property can't help you. Thats where I would start with the current forester.

Craig

bull · March 07, 2007, 08:36:09 AM

Chapter 61 has recently gone thru some changes !!! They have made it easier to move between designations ! Ch 61 forest land, Ch 61 sec A Agricultural land Chapter 61 sec B recreational land...

I would suggest converting a portion of land from Ch 61 to Ch 61 Sec A and setup a Farm. You are allowed to build a Farm House and only required to pay roll backs on the area used for housing IE:
Building site, driveway, septic, well etc....... Offsets are your only zoning issue, the old rule of thumb was remove 1 acre for Housing..... The town can not force you to take out a larger parcel. such as a " 2 acre lot w/ 225 feet of road frontage.... The only caviate is that the property must remain in agriculture..

Acreage is the key componet, 5 acres = a farm, although I belive ch 61,a,b. requires 10 acres

search MASS.GOV for full content of chapter 61
Goggle: chapter 61,61a,61b, chapter lands, Massachusetts farm land....
Also contact Jim Slattery at Mass Farm Bureau he can be a big help.... He might even be the author of the Chapter land laws IE: Chapter 61a
there are numerous articles regarding chapter lands.....

Our Farm consist of 139 acres in chapter land.... all in Ch 61a Farmland, this component includes productive woodland, contiguous non productive land *(wetlands)* Pasture, productive crop land " hay,corn,field crops,vegetable, fruit - orchards, Nursery etc......"
your taxable contibution is 15% of the assessed "LAND USE" value IE : Cropland, Orchard, Pasture, forest, non productive............... NOT HOUSE LOT VALUE !!

ex-Engineer Wannabe · March 07, 2007, 10:49:40 AM

QuoteI would suggest converting a portion of land from Ch 61 to Ch 61 Sec A and setup a Farm. You are allowed to build a Farm House and only required to pay roll backs on the area used for housing IE: Building site, driveway, septic, well etc.......

Thank you for the great reply, Bull!

Let me preface this reply by clarifying that we are currently negotiating for a large parcel that is already under Chptr 61 Forest Management ...

If I'm understanding you correctly, you're saying that 5 acres must be cleared for growing crops in order to qualify the land as a farm. Is this correct?

By converting a portion, do you mean that said 5 acres can be designated Chptr 61A (agricultural land) while the remaining land stays in Chptr 61 (forest management)?

When you write farm house, do you mean the house a family will occupy as a dwelling?

QuoteOffsets are your only zoning issue, the old rule of thumb was remove 1 acre for Housing..... The town can not force you to take out a larger parcel. such as a " 2 acre lot w/ 225 feet of road frontage.... The only caviate is that the property must remain in agriculture..

By offsets, I'm assuming that you're writing about the most expensive part of the process. In other words, the portion of the land that you'll owe -- after all is said and done -- the 10-year rollback taxes on [directly to the affected town]. Is this correct?

The caviate you mentioned in the last sentence [in the above quote] is what has me a bit confused. IF one is allowed to convert a portion of their land from one plan (Chptr 61 in this case) to another (Chptr 61A Agriculture Land), wouldn't the farm portion be the only part in agriculture?

Thanks so much again for the great infomation ...

bull · March 07, 2007, 11:21:55 AM

The first 5 acres in Ag land in production must earn $500.oo per year and a small $ per acre amount for any addition acres in production...... You could crop "acorns, christmas trees, hay, Squash, if you were earning $500 per year any crop..... Put together a farm plan of some sort.....

How many acres in total..... You can put the entire parcel into 61A and retain your forest plan... The law says "Production agriculture". If the entire parcel is under 61 A. 50% of the total land has to be in production. 20% of that can be in contiquious nonproductive land "Wildlife management" Wetlands etc....

All acts of lumbering and forestry are considered agriculture as defined in Mass general law....
I think its Ch 128

Re the house.... Ag exemptions, the house must be occupied by the owner,farm manager,or employees, and must be occuppied by someone involved with the farming operation.....

Offsets: Property line setbacks, distance of dwelling from road, distance of well and septic from propertyline and the residence...

Roll backs should not be an issue, the house is entegral to the agricultural operation....
The one acre w/ house is subject to regular Assesment "Valuation" for taxation..... all other property would be valued @ Ag valuation....... Productive - Non productive - Forestland etc

Caviate : if the house was to no longer be used in the agrcultural operation.... Sold for a private residence it would have to meet all the requirement for any residence.... As of date constructed, frontage, lot width, roadset back, acreage

As of today in my town,I would need a 2 acre lot with 225 feet of road frontage and a minimum lot width of
100', 40' offset from road, 35' offset from all property lines, 35' offset for septic and 10' offset for well. and on and on !!!!!

If you plan for the future set aside a subdivision for the required lot size. Under 61A you are only taxed for the amount of land that the dwelling occupies.... so grow something on all the other acreage....
Also be mindful that the LARGE Family garden behind the house has a value in the annual $500.00 income requirement....
send me an email and I will give you My phone number. We can talk direct..... I have files and more on all of what you may go thru.....

ex-Engineer Wannabe · March 07, 2007, 12:07:44 PM

Man! Great information once again, Bull!

It reads as if, to qualify as a farm, one could grow a crop anywhere on the land [even in a backyard garden] and simply sell it at a market of some sort? As I understand this, the only hitch is that you need to sell $500.00 worth of said crop in a calendar year?

Is standing timber [still on the stump] considered to be an agricultural crop?

I'd be happy to call you later this evening, if that'll work for you. Please let me know.

SUBSEQUENT EDIT: After giving this some more thought, another question occurred to me ... If the property is already growing timber, could we simply sell timber products to qualify our parcel as a TREE FARM of some kind? If so, Chapter 61A certainly seems like something I've been considering anyway. Hmmm ...

Have a great day ... ;)

rebocardo · March 07, 2007, 01:45:27 PM

The other thing to consider in all this is location near a growing city which in 20 years or so might decide to take your property for a school. Like the city of Peabody did to those two brothers (one in a wheelchair) and kicked them out of their family home while they were 70+ YOA and war vets.

It is a lot harder to take whole properities or even parts of a property if it has been a "farm" making money. It makes it much easier to name your own price with em.dom. hanging over your head.

If you spend all your time and energy building your own home and want to hand it down or keep it from greedy pols. in Massachusetts it pays for it to pay as a farm.

ex-Engineer Wannabe · March 07, 2007, 01:56:16 PM

That's an interesting thought for the future, Rebocardo. Unfortunately, the towns we've been looking in are really small. ;)

Nevertheless, I certainly like the long-range idea of protecting our land for whomever comes along after us. Thanks for the post!

bull · March 07, 2007, 05:34:29 PM

The catch in 61a is land in production agriculture.... You need a minum of 5 acres in open land crop production, IE vegetables, hay,pasture,christmas trees. 50 % of the land total must be in " Open Land " The income portion can come from any part of the entire property.... Kind of hard to explain in print...... It vary's by town an interpertation a little.

ex-Engineer Wannabe · March 07, 2007, 05:46:54 PM

Thanks to you, Bull, I've learned more about the chapters in one day than I have by reading things here and there for months!

I received your message. When would you like to talk? If you're too busy with your town meeting tonight, perhaps we can talk another time?

Just let me know ...

bitternut · March 07, 2007, 07:52:06 PM

I don't know anything about chapter 61 but do know that the IRS considers forestry products as agriculture. Why do you have to grow a field crop? Seems like if the state of Mass requires sales of $500 a year and you have forest you could most likely sell $500 worth of firewood real easy. In NY we have a program called 480A which gives you a tax break also but when you have a timber sale you have to give them their share. You are also required to have a management plan to qualify for 480A. Probably quite similar to your states plan. I have a management plan but opted not to apply for 480A.

Is chapter 61 a property tax deferment plan or is it a plan to preserve forest and farmland?

Ed_K · March 07, 2007, 08:25:14 PM

I'm setting up a logging job on some 61a land,of the 50+ acres only 3 are open pasture.The forest is the crop. In the cutting plan I am stating that we're doing a thinning on a maple sugar stand for long range goals.
Try to keep your land in 61a.
As for cutting your trees for building the house, check the zoning laws of the town your buying in. Ours states no native lumber can be used on a dwelling unless it had been graded and stamped. Thats pretty hard to come by in this state.
My land is in 61 forestry min 10 acres,but as bull stated, the state has changed the rules and I haven't got the new regs to know what they did.

ex-Engineer Wannabe · March 08, 2007, 02:41:34 PM

QuoteI'm setting up a logging job on some 61a land,of the 50+ acres only 3 are open pasture.The forest is the crop.

Thanks, Ed in Leyden!

As the feds consider raising timber to be agricultural in nature, I certainly don't see why the state wouldn't come around to it as well. Are you pretty well versed in the ins and outs of Chptr 61A?

I've gotten some great information from one of our esteemed FF members, but I'd love to read (or hear) even more about it if you care to share.

You're thoughts on "native timber" are well-received too. After I find a parcel of interest, I always call the local Bldg Inspector first. In this case, the guy is fairly level-headed and realistic about the fact that timber frames, when compared to stick framing, are a much stronger form of construction. In short, this particular fella is satisfied if he sees an Engineer's approval. As I happen to be "in the business," that should work out well for us.